Acton Appointed Sam Houston Racing Secretary

Veteran racing official Mike Acton has been hired as Sam Houston Race Park's track's Racing Secretary. He assumed the role on Feb. 3 and will serve in the same capacity at Retama Park and Zia Park during their respective meets this year.

“Mike is an experienced racing professional who has deep connections in our region that will serve the industry well,” Sam Houston Vice President and General Manager Dwight Berube said.

Acton most recently served as the Racing Secretary at both Remington Park and Lone Star Park.

“I am going to miss my co-workers at Remington and Lone Star,” Acton said. “But I am humbled to work with great people at Sam Houston and Retama and am excited about meeting everyone at Zia Park.”

The Sam Houston Thoroughbred meet continues through Apr. 8.

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Texas Once Again Allows Simulcasting Signal Exports

On the back of Tuesday's decision in the Fifth Circuit Court of Appeals denying a motion by the Horseracing Integrity and Safety Act (HISA) Authority for that court to vacate its recent opinion that the law is unconstitutional, the Texas Racing Commission (TXRC) has reopened the door for Texas tracks to beam their signals out-of-state, with Sam Houston set to begin this Friday.

Last year, the TXRC argued that it was statutorily barred from joining HISA, and because the enabling federal legislation gave the HISA Authority regulatory jurisdiction over the interstate simulcasting of races, the commission prohibited Texan tracks from exporting their signals.

“I called the Sam Houston Park general manager this morning and asked him to provide me an export request, and I've already approved them,” said TXRC executive director Amy Cook, who also wrote in a memo Wednesday to licensees that the Fifth Circuit's decision finding the law “facially unconstitutional” meant it has no effect on the State of Texas.

Chris McErlean, vice president of racing for Penn Entertainment, Sam Houston's parent company, confirmed that the simulcast signal will be beamed to its out-of-state partners when racing resumes this Friday. Sam Houston's current season began on Jan. 6 and ends Apr. 8.

“We have multiple racetracks, so, our contracts cover all our tracks. Everybody was ready to go as soon as there was some change in the status,” said McErlean. “It's literally the flick of a switch to get it going. We welcome the change. Sam Houston's a good wintertime meet on the schedule for a lot of people, and we're glad people will be able to see it live to bet on.”

When asked to comment on the TXRC's actions, HISA spokesperson Mandy Minger wrote in an email: “The Fifth Circuit's decision concerns only the prior version of HISA, before Congress amended it to remedy the constitutional concern the Fifth Circuit identified. No court has expressed any constitutional concern about, let alone enjoined, the current version of HISA now in effect. We look forward to working with the Texas Racing Commission and Texas racetracks should they resume operations falling within HISA's jurisdiction.”

Early last year, the State of Texas and the TXRC joined as intervener plaintiffs on one of the cases before the Fifth Circuit, led by the National Horsemen's Benevolent and Protective Association (NHBPA).

On Jan. 3, the HISA Authority asked for the Fifth Circuit's Nov. 18, 2022, anti-constitutionality order to be vacated based on a federal rewrite of the HISA law in December.

On Tuesday, the Fifth Circuit panel of judges denied this motion and also shot down separate motions for a rehearing of the case made by both the HISA Authority and the Federal Trade Commission (FTC).

After ruling on those two motions, the Fifth Circuit then issued a mandate that stated, “It is ordered and adjudged that the judgment of the District Court is reversed and remanded to the District Court for further proceedings in accordance with the opinion of this Court.”

The Fifth Circuit encompasses the states of Texas, Louisiana and Mississippi.

Cook explained that her policy decision last year to prohibit the export of simulcast signals from the state's tracks was made “hoping for the legal outcome that HISA has no legal jurisdiction in our state.

“We have avoided HISA jurisdiction because we didn't think that regulatory scheme was constitutional as a policy decision, and now we've avoided it in a legal decision as well,” Cook added. “We were certain that we were going to prevail, but I needed to provide certainty.”

Cook wrote in a memo Wednesday to licensees that, “All horseraces in Texas will continue to be conducted in accordance with the Texas Racing Act and the Texas Rules of Racing.”

This means that Texan racetracks continue to operate in a similar position to those in West Virginia and Louisiana, in that they are bound under the state's regulations and not HISA's safety regulations that went into effect in July last year.

With no simulcast signals beamed out of the state for months, concerns have understandably surrounded the impact on purses from a massive drop in handle.

In early January, the Daily Racing Form reported total wagering had dropped from $11.75 million on six days of live racing in 2022 to $1.04 million on seven days of live racing in 2023. The average per-race handle reportedly declined 92.3%.

The TDN's Bill Finley reported that Saturday's handle at Sam Houston for the Houston Racing Festival was $488,385. Last year, when the races were run on a Sunday, the handle was $5,698,052–a decline of 91.4%.

Cook was unable to provide specific figures as to the numerical hit on the state's purse account, but she played down the impact by saying that out-of-state simulcasting at Texas tracks accounts for roughly 15% of the total purses, the latter of which is bolstered by state subsidies and an increased percentage of on-track handle.

“It's not that we don't think [HISA] has an admirable goal, it's the way they're going after the goal,” said Cook, raising alternative uniform regulatory approaches to HISA, like a “cooperative agreement” model.

“It's not personal,” Cook added. “I told Lisa [Lazarus, HISA CEO] that when she came to Texas. I invited her. She came June 8. I drove her round in my pickup truck, and I said, 'It's not personal but you have a problem. You don't have a sustainable resource model here.'”

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The Week in Review: Baffert Bigger, Stronger Than Ever

Bob Baffert has certainly taken his lumps ever since it was discovered that Medina Spirit (Protonico) tested positive for a banned substance in the 2021 GI Kentucky Derby. He was hit with a 90-day suspension from the Kentucky Horse Racing Commission, the New York Racing Association banned him for a year and Churchill Downs banned him for two years. Though Baffert is still fighting the Churchill ban, in all likelihood, he will not be allowed to start a horse in this year's Derby, which would be the second straight year he was prevented from running a horse in the race.

Then, it was reported last week, that horses currently trained by Baffert must be sent to another trainer by Feb. 28. If not, they will not be eligible for qualifying points for the Derby. Last year, he didn't have to turn over his Derby hopefuls to another stable until just prior to the last round of Derby preps, races like the GI Santa Anita Derby and the GI Arkansas Derby.

With just about any other trainer, these penalties could have been a major setback, with owners sending their horses to new barns. But Baffert is not any other trainer. When it comes to winning Triple Crown races he is arguably the best there has ever been and owners know that teaming up with him improves their chances of winning the sport's most coveted races, even if he might not be the trainer of their horses when it comes Derby time. No one walked away.

So it's no surprise that Baffert has not suffered the “irreparable harm” that his lawyers kept arguing would be the case when contesting the suspensions. But no one could have foreseen what was to come, that Baffert would emerge from this with more firepower than he has ever had.

That was on full display last weekend. Baffert won the GIII Southwest S. at Oaklawn with Arabian Knight (Uncle Mo). The next day he captured the GII San Vicente S. with Havnameltdown (Uncaptured), a race in which he sent out three of the four starters. But nothing shined a light on Baffert's dominance quite like the list of nominees for the GIII Robert B. Lewis S., which was released Saturday. Sixteen horses were nominated and 14 are trained by Baffert. He very well could be the only trainer to have a horse in next Saturday's race.

The list of owners of the horses nominated for the Lewis is a stellar group, individuals and partnerships who have remained fiercely loyal to Baffert. You have Zedan Racing Stables, Michael Lund Petersen, the Pegram, Watson, Weitman partnership and the SF Racing, Starlight Racing, Madaket Stables partnership.

The list of Lewis nominees does not include Cave Rock (Arrogate). The GI Breeders' Cup Juvenile runner-up who was Baffert's best 2-year-old last year, Cave Rock, as of Sunday, had not had a published workout in 2023, not a good sign with the Derby just 95 days away.

Baffert's weekend also included a win in the GIII Las Virgenes S. for 3-year-old fillies with Faiza (Girvin) and a second-place finish with Defunded (Dialed In) in the GI Pegasus World Cup Invitational.

None of which means that Baffert, or whomever is brought in prior to the Derby, has to win the race, but they will likely head to Churchill with a very strong hand, one led by Arabian Knight. After an electric win in his debut Nov. 5 at Keeneland, he had no problem with the next test, two turns and stakes competition in the Southwest. While GI Breeders' Cup Juvenile winner Forte (Violence) has accomplished more than Arabian Knight, the Baffert runner, who cost $2.3 million at the OBS April sale, has been so impressive that he looks like the leader of the division and he tops the TDN's Derby Top 12. Look for him to take the Oaklawn route to the Derby and follow in the footsteps of 2015 Triple Crown winner American Pharoah (Pioneerof the Nile), who won the GII Rebel S. and the Arkansas Derby on his way to Louisville.

The most starters Baffert has ever had in the Derby is three, which he has done four times. Last year, Tim Yakteen, subbing for Baffert, had two. Could Baffert, or whomever is brought in to deputize, have six or seven starters in this year's race? It seems entirely possible. And after the Derby has been run, the last of the suspensions or bans that Baffert has been hit with, will be over. He can move on.

With the two-year anniversary of Medina Spirit having tested positive in the Derby coming up, the Hall of Fame trainer has proved his resiliency and his major owners have all stood by him. It's no doubt been a trying two years for Baffert, but it could have been a lot worse. He's stronger than ever.

Numbers Plummet at Sam Houston

For those of you who missed it, Pauline's Pearl (Tapit) won Saturday's GIII Houston Ladies Classic at Sam Houston and Scarlet Fusion (Curlin) captured the GIII John Connally Turf Cup. Not that hardly anybody was able to watch or wager on those races.

You have to feel bad for Sam Houston management, which has done a good job over the years promoting what it calls the Houston Racing Festival. The event has given the track some needed exposure over the years and brought in some good horses. Midnight Bisou (Midnight Lute) won the Ladies Classic in 2019 and Letruska (Super Saver) captured the race in 201.

But this year, thanks to a hissy fit from the Texas Racing Commission, the Saturday card at Sam Houston was all but invisible. The Texas racing regulators pulled the plug on the simulcasting of all races in the state after declaring that the advent of the Horse Racing Integrity and Safety Act meant it was illegal to send the races out of state. So, unless you were present in Texas Saturday, you could neither watch nor bet on the Sam Houston races. With no betting being taken on the races, none of the major ADWs showed the Sam Houston races.

The results were predictable. The handle on the day was $488,385. Last year, when the races were run on a Sunday, the handle was $5,698,052. That's a decline of 91.4%.

The Texas tracks get some of their purse money from a fund that comes from sales taxes on horse feed, tack and other horse-related products and services. But trying to maintain purses when the handle is next to nothing is not feasible. Meanwhile, the Texas Racing Commission continues to cut off its nose to spite its face, putting the future of racing in the state in jeopardy.

At Pegasus World Cup, Business is Booming

1/ST Racing has put a lot of its resources behind turning a day at the races into an event. The best example is Pegasus World Cup Day. By combining a stellar day of racing, a $3-million race and a number of on-track entertainment options, 1/ST has turned the day into a horse racing party.

That might not appeal to everyone as there are surely a lot of curmudgeonly horseplayers who could do without having to pay a good dollar to attend and have no interest in listening to musical acts whose audience are Gen Z-ers. But it is working. They handled $43,886,543 Saturday at Gulfstream. Up until 2016, the race was not the Pegasus but the GI Donn H. and the likes of Kygo, OneRepublic and Joe Jonas were nowhere to be found. In the last year of the Donn, the handle was $19,954,971. It has more than doubled since.

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Jessica Paquette Named New Parx Track Announcer

Jessica Paquette, a New England native with nearly 20 years of experience in horse racing, will be the new voice of Parx Racing starting in December. In accepting the position, Paquette becomes the only full-time, year-round female track announcer in the United States.

“I am grateful for the women in the racing industry who have paved the way for my generation to work in so many different areas,” said Paquette. “My hope is that I can similarly help inspire young women who may want to be part of our sport.”

Paquette has previously called races at both Suffolk Downs and Sam Houston Race Park. Additionally, she has been a racing analyst at Colonial Downs Racetrack and Sam Houston and most recently worked as the Director of Communications for the Thoroughbred Retirement Foundation.

“We are thrilled to welcome Jessica to the Parx family,” said Joe Wilson, Chief Operating Officer for Parx Racing. “The high regard with which she is held in our industry along with a tremendous work ethic makes her the perfect person to usher in this new era for Parx.”

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